About
Us
Who We Are
B3 is an extension of Falcon, Rappaport & Berkman LLP (FRB). We extensive experience protecting and enforcing the intellectual property (IP) rights of blockchain projects.
What We Do
FRB Attorneys have prosecuted hundreds of trademark applications, including those for blockchain organizations and NFT projects. FRB solves problems that come up during the trademark application process, including responding to office actions and communicating with trademark examiners. FRB also maintains and manages the portfolios of businesses operating on an international scale. Through FRB’s network of foreign trademark specialists, FRB has the resources to secure, monitor and litigate trademark rights around the world. FRB also handles TTAB litigation (including oppositions, cancellations and concurrent use proceedings). FRB also secures copyright registrations for copyright holders and prepares related licenses for their use to third parties.
Our Services
TRADEMARK APPLICATIONS
& MAINTENANCE
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Filing/registering trademarks in the US & internationally.
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Trademark search & opinions.
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Respond to office-actions.
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Strategize to protect entire trademark portfolio.
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Grow a portfolio from the ground up.
TRADEMARK ENFORCEMENT
& LITIGATION
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Intellectual property portfolio protection.
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Send or respond to cease & desist letters.
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Intellectual property monitoring.
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Coordinate enforcement actions on a global scale.
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Enforcement actions against breaches in trademark agreements.
INTELLECTUAL PROPERTY LICENSING
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Develop your IP licensing strategies & agreements.
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Provide key documents like licensing agreements, IP assignments, operating agreements for IP holding companies, as well as terms of service and privacy policies.
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Construct agreements for IP holding companies.
BUSINESS SERVICES &
ENTITY FORMATION
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Incorporate or form new entity (corporation, LLC, DAO, etc).
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Offshore entity formation.
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Drafting corporate governance & operating agreements.
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Whitepaper construction.
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Business succession & exit planning.
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Mergers & acquisitions.
Why Hire An
Attorney
Increased Likelihood of Registration & Publication
A Stanford Technology Law Review Study showed that having legal counsel has a significant positive impact on the likelihood of a trademark's publication and registration.
For example, the study's data suggests that trademark applications may be 37% more likely to successfully obtain USPTO approval of their marks when represented by counsel. In addition, the presence of a lawyer may increase a trademark's publication rate by over 20%. Note that prior results do not guarantee a certain outcome in any particular case.
Navigate a Highly Competitive
Space at Ease
The Stanford Technology Law Review Study cited above also displays how competitive intellectual property registration has become. Over the past 30 years, the amount of trademark registrations applicants alone have tripled. Increasing from about 100,000 to 300,000 applicants per year. Having an attorney may help you navigate through this competitive process more easily. Especially, if time is of the essence.
Simplify Your Brand's IP Protection
& Management
Working with an attorney can help you better understand the process of protecting and maintaining your project's intellectual property. Attorney's can also provide insights on having sufficient agreements that best defend your intellectual property rights and interests.
Frequently Asked Questions
What is a USPTO Office Action?
A USPTO office action is a written communication from an examiner at the United States Patent and Trademark Office (USPTO) to the applicant of a trademark application, which either rejects one or more of the claims in the application, or raises objections or requirements for the application to be considered for grant. The office action typically includes an explanation of the reasons for the rejection or objections, and may require the applicant to provide additional information or make amendments to the application in order to overcome the issues raised.
Does an Office Action Mean I Was Denied Registration?
Receiving an office action from the USPTO does not necessarily mean that your trademark can't be registered. An office action is a routine step in the trademark registration process and is issued when the examining attorney has identified an issue or concern with the application. The action will typically explain the reason for the rejection or objection and may require the applicant to provide additional information or make amendments to the application in order to overcome the issues raised. The applicant has the opportunity to respond to the office action by providing evidence or arguments to overcome the rejection or objections. If the applicant can successfully overcome the issues raised in the office action, the application will proceed to the next step in the registration process. If the applicant is unable to overcome the issues raised in the office action, the application may be denied registration.
What happens if you don't respond to an Office Action?
If an applicant does not respond to a USPTO office action within the time period specified in the action, the application will be considered as abandoned by the USPTO. Once an application is considered abandoned, the applicant loses the right to pursue the trademark and will not be able to revive the application. If the applicant wants to pursue the patent after the application is considered abandoned, they must file a new application and start the process over again, incurring additional fees.It is important to note that the USPTO offers a 6 month grace period to revive an abandoned application if the delay in response was unintentional.
Contact Us
1185 6th Ave
New York, NY 10036
(212) 203-3255